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Ryan F. Fetters
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Ryan Fetters’s Answers

107 total


  • Can I file for an uncontested divorce in Tennessee without a lawyer?

    My husband and I have mutually decided to get a divorce. The only property involved is the home we live in, which is only in his name. I've reviewed the appropriate forms, and from what I can tell from reading the Divorce Agreement, if either of...

    Ryan’s Answer

    You can represent yourself in a divorce. You can also stitch up a four (4) inch cut on your leg with a needle and thread instead of seeing a doctor. I don't recommend either. If both your and your husband agree on everything, you can find an attorney in Nashville that will draft the proper documents and file them for you while keeping the cost to you very reasonable. This will ensure that you get divorced in a timely manner without delay. Remember, the Court won't give you legal advice as to what documents are needed and what terms should be in the documents. Call an attorney. I'm going to call a doctor to get this cut fixed on my leg.

    Best of Luck!

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  • Can I get arrested for this?

    Lately I've been harassed by debt collectors who some how found my mother's phone number. They say they are going to first put me away for a double felony, then they said they would send out an arrest warrant. Now they are serving me court papers....

    Ryan’s Answer

    The Fair Debt Collection Practices Act (FDCPA) is quite clear that this behavior is unacceptable. You actually may be able to get a judgment against the collector. I would recommend you call a consumer protection attorney. Some bankruptcy attorney's may be able to help you as well.

    Best of Luck.

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  • Who gets custody?

    A protective custody order issued to father giving temporary custody. It never went back to court. The father gives his sister POA of minor child and states it in his will. The father then dies. Who has custody? The Father Sister (POA) or the Moth...

    Ryan’s Answer

    Attorney Fraizer is correct. The POA is extinguished upon the death of the issuing party. The biological mother is the party that will first be considered to get custody of the child. Normally, mom would automatically have custody. However, since there was an "protective order" granting custody to the Father and presumably limiting mom's contact with the child, then the Court will look to another relative to take custody of the child. In this situation, the Mother of the child needs representation and should file for custody. The Father's Sister (paternal aunt) needs to file for custody of the child and the Court should appoint a Guardian Ad Litem to represent the interest of the child. Since DCS is involved the child may end up in foster care if the Court determines that none of the prospective relatives are suitable to properly take care of the child. As you haven't stated what relationship you have with the child I will only recommend that if you are involved in the case in any fashion you should immediately seek the help of an attorney in Manchester.

    Best of Luck.

    Hope this helps.

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  • Cost of a simple Post Nuptial Agreement in state of Tennessee stating that all property and debt to be kept separate.

    I need to have a Post Nuptial Agreement drawn up for the state of Tennessee. If will be a simple draft stating that my husband and I agree to keep all property and debt separate. In the agreement it needs to make it clear that any debt either p...

    Ryan’s Answer

    Most family law attorneys will be able to draft a fairly comprehensive post-nuptial agreement for you. As for the cost it will vary based upon the detail in the document and the going rate for that service in Nashville. Keep in mind the document you are requesting is to ensure that in the event of a divorce, the cost of litigation is kept to a minimum and the assets of each party are preserved. That being said, don't be afraid to pay for the service to ensure that the document will stand up in court if contested. Better to spend a little more now than a whole lot later.

    There are some very good attorneys in Nashville whose information is on AVVO. I recommend that you call a few attorneys and hire the one you feel will best be able to meet your needs.

    Best of Luck,

    Ryan F. Fetters

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  • Regarding my inherited assets if I get divorced in Tennessee? Do I need a prenuptial agreement? I'm a female.

    I'm a female and along with my siblings, I inherited a portion, of my mothers house along with some cash. These assets are currently in probate or un-accessible at this current time. I am getting married in just a few days or weeks. If I divorce f...

    Ryan’s Answer

    As attorney Lee stated, so long as the asset is not co-mingled it is not considered to be marital asset. There is also the option of a post-nuptial agreement that is signed after the marriage. However, it may be better to simply keep the money separate by placing it into some type of account that is solely in your name either in a bank account or an investment account. I would recommend doing this even if you have a prenuptial or post-nuptial agreement.

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  • Can I acquire new assets yet with my own money (not marital) after I have filed for divorce?

    After filing for divorce and earning money on my own without my spouse for several months, can I purchase a business, create a partnership LLC, purchase assets without having to worry that my spouse will request half? Since I filed months ago, is...

    Ryan’s Answer

    As attorney Grefseng stated, the money you are making now is still technically "marital asset." I would put off purchasing any business until after the final decree is entered to avoid any claim she may make regarding the business. If you have not attended mediation, you may be able to reach an agreement on this issue and be able to proceed with the purchase even if all other issues are not agreed upon and must be heard. Any agreement you reach should be filed with the court in the form of an agreed order for the judge to sign. This will ensure that the business stays out of the discussion regarding division of marital asset. If an agreement is reached, be sure to include language regarding the income from the business as exempt along with all assets of the business. There are some other issues that will need to be addressed if an agreement is reached, so I strongly recommend hiring an attorney to help you.

    Best of luck.

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  • What kind of custody should I request for my 5 year old granddaughter that has been living with me permantly for 9 months.

    Father and mother not married but lived together since birth of child. Mother and father unemployed and receive disability. Since sept 2015 mother left residence took child but continued to leave with me 3 to 5 days week and with father .got pregn...

    Ryan’s Answer

    It sounds like you may have enough evidence to get custody of the child from your son and the mother. If the child is living with you and you are taking care of the child more than 50% of the time, then it is likely a Judge may grant custody to you. However, it is not a simple at the statement sounds. Although you have a strong case, you need someone that is familiar with the law, the judge and the proper way to word the petition. I strongly recommend that you speak with and hire an attorney in Knoxville to determine the best approach to ensure a greater chance of success.

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  • Can't afford divorce lawyer

    My husband completely abandoned me and the children...we've lived separately but agreed to still carry on a relationship...he took our entire tax return I have not seen a dime....he recently got a huge settlement on which he agreed to get us a pla...

    Ryan’s Answer

    Call Legal Aid Society of Middle TN
    300 Deaderick St,
    Nashville, TN 37201
    (615) 244-6610

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  • What are the implications if I got married before my divorce was final?

    I had a final divorce hearing on May 5th, 2016, and on June 1st, 2016 I picked up the decree that had been signed by the judge on June 1st, 2016. After picking that up my girlfriend and I went to the courthouse and got married the same day. Fast f...

    Ryan’s Answer

    The reason one should wait 30 days before remarriage is that there are occasions where the Final Decree may be set aside, the final hearing reheard or some other issue that could nullify the Final Decree if the proper Motion is filed. This is why your attorney is telling you, "no." He is giving you sound advice and trying to protect you from additional issues if a Motion was filed and the Final Decree were to be set aside.

    The clerk's office is also correct. One may get married after the entry of the Final Decree with no waiting.

    The problem is in the timing. If one were to get married the day of the entry of a Final Decree of Divorce and then a Motion is filed within 30 days of that Decree and it were to be set aside, then the new marriage would be void by law because that person would still be married to their former spouse. In this case one would need to be remarried after a new decree of divorce is properly entered. On the other hand, if there is no Motion and and the Final Decree is not set aside, then the individual is legally married to their new spouse without any issues.

    Cross your fingers and hope nothing if filed before July 01, 2016.

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  • Can i legally go and grab my daughter?

    ok my daughter was taken from me and an order of protection was put in place. the people who have her were given temp custody before the protection order was in place. they adopted my daughter without any court proceedings to terminate my rights a...

    Ryan’s Answer

    As previously stated the short answer is NO! The child is no longer your child or responsibility. You have no legal rights to the child. Contribution of DNA to the creation of a child does not make one a parent, even if you were the mother. There does not have to be and there usually is not a separate hearing to terminate your rights when there is an adoption. This occurs during the adoption process. Additionally, even if you were to object to the adoption a Judge can terminate your rights without consent. If you did not respond to the Petition for Adoption it is likely the process occurred by default. Speak with an attorney to have them look over the documents and determine whether you have a case for appeal. DO NOT TAKE THE CHILD.

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